IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026577


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) by showing three bronze service stars on his Korean Service Medal (KSM).

2.  The applicant states he participated in three campaigns during his Korean War service:

* Chinese Communist Forces (CCF) Intervention (3 November 1950-24 January 1951)
* First United Nations (UN) Counteroffensive (25 January-21 April 1951)
* CCF Spring Offensive (22 April-8 July 1951)

3.  The applicant provides:

* his DD Form 214
* a letter from Senator S____ M. C____, dated 20 October 2010

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  Pay records show the applicant served in the Enlisted Reserve Corps (ERC) from 22 July 1949 and he was a corporal/E-4.

4.  The applicant's DD Form 214 shows:

* he was called to active duty on 28 September 1950 at Camp Breckenridge, KY
* although an exact date of departure is not available, it appears he was immediately ordered to Korea
* he served in Korea for 8 months and 15 days
* he served with Company F, 5th Cavalry Regiment, 1st Cavalry Division
* he returned to the United States and was released to the ERC on 7 August 1951

5.  The applicant's awards as noted on his DD Form 214 are:

* Korean Service Medal with one bronze service star
* Combat Infantryman Badge

6.  There were 10 named campaigns during the Korean War:

* UN Defensive (27 June-15 September 1950)
* UN Offensive (16 September-2 November 1950)
* CCF Intervention (3 November 1950-24 January 1951)
* First UN Counteroffensive (25 January-21 April 1951)
* CCF Spring Offensive (22 April-8 July 1951)
* UN Summer-Fall Offensive (9 July-27 November 1951)
* Second Korean Winter (28 November 1951-30 April 1952)
* Korea, Summer-Fall 1952 (1 May-30 November 1952)


* Third Korean Winter (1 December 1952-30 April 1953)
* Korea, Summer 1953 (1 May-27 July 1953)

7.  Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  This same regulation states a bronze service star will be awarded for wear on the Korean Service Medal for participation in each credited campaign.

8.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

9.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

11.  According to Military Sea Transport Service (MSTS) documents, the Korean War symbolized the vital need of troop transport ships as six out of every seven service members sent there went by sea.  Trans-Pacific steaming distances were vast.  There are some 5000 miles from San Francisco to Korea, representing about 2 weeks at sea at a transit speed of 15 knots.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in three campaigns during the Korean War.  He wants his DD Form 214 corrected to show the Korean Service Medal with three bronze service stars.

2.  Although precise data is not available, circumstantial evidence supports the applicant's request.  He was a member of the ERC called to active duty because of the communist aggression in Korea in June 1950.  He reported to Camp Breckenridge, KY, on 28 September 1950.  Since he was already trained as a member of the ERC, he was probably transferred to the west coast of the United States during October 1950.  If he embarked from the west coast by MSTS transport ship by mid-October, he would have arrived in Korea, via Japan, in early November 1950.  This scenario would have made him eligible for the CCF Intervention Campaign from 3 November 1950-24 January 1951.

3.  The applicant's DD Form 214 shows he spent 8 months and 15 days in Korea.  Given a start date in early November 1950, this means he would have served until mid-July 1951 before being returned to the United States for release from active duty on 7 August 1951.  He would have served during two additional campaigns:  First UN Counteroffensive Campaign (25 January-21 April 1951) and CCF Spring Offensive Campaign (22 April-8 July 1951).  This comports precisely with the applicant's claim.

4.  The applicant is entitled to correction of his DD Form 214 to show three bronze service stars for his Korean Service Medal.

5.  The applicant is also entitled to additional awards that do not appear on his DD Form 214.  By virtue of his Korean Service Medal, he is authorized the United Nations Service Medal.  He is also authorized the National Defense Service Medal and the recently-approved Republic of Korea War Service Medal.  All of these awards should be added to his DD Form 214.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the National Defense Service Medal, United Nations Service Medal, 


Republic of Korea War Service Medal, and two additional bronze service stars for his already-awarded Korean Service Medal to his DD Form 214.



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100026577



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ABCMR Record of Proceedings (cont)                                         AR20100026577



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